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III. COMMENTS -COMPLIANCE Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. This was a complete inspection conducted by Joe Dudash ofthe Colorado DRMS. Basil Beaz represented the operator during the records check. East Mine The east mine entrance gate was open because the operator was conducting mine rescue training on the warehouse bench. The mine ID sign was up on the gate. The paved haul road was in good condition. The access road up to the portal bench had a few rills but was passable. There were no rocks on the access road but the road ditches could use some cleaning. The light use road up to the utility bench was passable as well. Surface disturbance markers were up around the disturbed area. The cut and fill slopes for the benches were stable. The highwall on the portal bench was stable. Most of the coal refuse has been removed from the east side of the warehouse level bench. Some broken up concrete and asphalt remain on the portal bench. There is just a little debris remaining at the substation, while some mine equipment remains on the crusher/screener bench. The concrete containment structure for the fuel tank has been broken up and removed. The upland diversion ditch on the utility bench was well vegetated and had sufficient capacity. The culverts at the warehouse bench level and the crusher/screener bench level were clear. The road ditch on the crusher/ screener bench that serves as the upland diversion ditch for the west ridge waste pile needs to be cleaned out. An excavator dug into the area and the ditch needs to be defined better. On the crusher/screener bench, the straw bales around the drop inlet and in the back ditch need to be repositioned. Sediment ponds 1, 3 and 4 were dry, while there was a little standing water in pond 2. The west ridge waste pile was well vegetated. No slope stability or erosional problems were observed. The benches were stable and the collection ditches had sufficient capacity. The sediment pond near the base of [he west ridge waste pile was dry. The pond spillways were operational and the pond embankment was stable. The topsoil stockpile near the pond had a good vegetative cover and the topsoil sign was up. There also was a good vegetative cover on the old waste pile. There were no signs of slumping or erosional gullying on the pile. West Mine The gate was closed at the reclaimed west mine fan site. The mine ID sign was up. Surface disturbance markers were also up. Some of the silt fence needs to be repaired. Also, there is some thistle that needs to be sprayed. The slopes at the backfilled west mine appeared to be stable and had a fairly good vegetative cover. There were no signs of erosional problems, although the straw bales and silt fence on the north side of the disturbed area could use some replacement soon. Thistle on the north and south ends of the disturbed area need spraying. There was no water in either of the two sediment ponds. Pond embankments were stable. The primary gate was in the closed position for the lower pond and in the open position on the upper pond, as designed. There was a hornets nest in the inlet of the lower pond's primary discharge tube. The emergency spillways and riprap were functional for both ponds.